Assessors find Mahendra Chaudhry guilty

Mahendra Chaudhry is guilty.

That is the unanimous opinion of the four assessors in the former Prime Minister and Fiji Labour Party leader, Mahendra Chaudhry's high court trial.

The assessors returned after about two hours and delivered their opinion before High Court Judge, Justice Paul Madigan.

Justice Madigan will deliver his verdict at 3pm today.

While summing up the case earlier today, Justice Madigan told the assessors that they are the judges of facts.

He also highlighted that most of the facts in this case have been agreed.

Justice Madigan also said that the assessors should establish whether Chaudhry is a Fiji resident, whether he was not an authorised dealer of foreign currency, whether the minister's permission was sought to keep the 1.5 million Australian dollars, whether he did not bring the money to Fiji and whether he had the approvals from the Governor of the Reserve Bank of Fiji.

The judge said the Reserve Bank of Fiji also had no legal obligation to tell Chaudhry about the Exchange Control Act.

He said it is still a law of the country no matter what people may think.

Justice Madigan also told the assessors that it is not for them to make a judgement on whether the law is useful or not.
 
In the closing submissions made yesterday, Chaudhry's lawyer said that Chaudhry admits that he has had 1.5 million Australian dollars in overseas accounts over the last 14 years however he stressed that he has not breached the Exchange Control Act.

Queens Counsel Peter Bodor said Chaudhry had revealed the details of the money kept in the overseas accounts in 2006.

He said three years after the declaration, the Reserve Bank of Fiji solicitors started making allegations against Chaudhry.

Bodor said the money was collected by the people of India to assist Chaudhry after the political upheaval in 2000.

He stressed that the money was a particular beneficial gift to assist Chaudhry and his family to establish residence in Australia.

Bodor said the money never passed Fiji and it is not a secret that the 1.5 million Australian dollars has remained in bank accounts in Australia.

In his closing submission, prosecution Queens Counsel Clive Grossman said that Chaudhry has 1.5 million Australian dollars in overseas bank accounts and kept it for his own use and benefit.

Grossman said that he did not have to be told what to do.

Grossman made reference to the evidence given by the Reserve Bank of Fiji Board Secretary, Subrina Hanif who had informed the court that one needs to write to RBF and seek approval to open overseas bank accounts.

Chaudhry is facing three counts of breaching the Exchange Control Act.
 
Justice Madigan also highlighted that the penalty for such charges ranges from two years imprisonment to fines amounting to three times of the value of the original amount in the offence.

In Chaudhry's case, it would be 4.5 million Australian dollars.

The first count against Chaudhry is in relation to failure to surrender foreign currency, where it is alleged that Mahendra Chaudhry between November 2000 and July 2010 retained the sum of 1.5 million Australian dollars for his own benefit without the consent of the Governor of the Reserve Bank of Fiji.

The second count is in relation to dealing in foreign currency without permission.

The third count relates to Chaudhry having the right to receive a sum of $1.5 million Australian dollars from the financial institutions in Australia and New Zealand, caused the delay of payment of the sum, in whole or in part, to himself by authorizing the continual investment of the sum together with interest acquired back into financial institutions without the permission of the Governor of the Reserve Bank of Fiji.

Justice Madigan will deliver his verdict at 3pm today.
Stay with us for that.

Story by: Vijay Narayan and Praneeta Prakash